ML20151X192

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Informs That Govts Received Lilco Response to Govts Objection to Portions of 880229 & 0408 Orders in Realism Remand & Offer of Proof .Govts Will Reply to Lilco Response as Soon as Possible
ML20151X192
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 04/27/1988
From: Kline J, Lanpher L
KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY
To: Gleason J, Kline J, Shon F
Atomic Safety and Licensing Board Panel
References
CON-#288-6177 OL-3, NUDOCS 8805040078
Download: ML20151X192 (2)


Text

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s/ A KIRKPATRICK & LOCKHART i

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H'D 35W LATRENCE CoE LANPHER (202) M&9011 April 27, 1988

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James P.

Gleason, Chairman Dr. Jerry R.

Kline Mr. Frederick J.

Shon Atomic Safety and Licensing Board U.S.

Nuclear Regulatory Commission Washington, D.C.

20555 Re:

Docket No. 50-322-OL-3 Emergency Planning

Dear Mr. Chairman and Members of the Board:

The Governments have received "LILCO's Response to Govern-ments' Objection to Portiens of February 29 and April 8 Orders in the Realism Remand and Offer of Proof," dated April 22, 1988

("Response").

The Governments hereby inform the Board that they

ill reply to LILCO's Response as soon as possible.

In the cover letter accompanying LILCO's Response, LILCO's counsel asserts that the Governments have no right to reply to LILCO's filing.

That is untrue.

Regardless of title, LILCO's Response is clearly a motion, since t seeks affirmative relief, i.e., the dismissal of contentions.1 Further, LILCO's Response contains new issues pertaining to discovery matters which are not mentioned in the Governments' Objections.

The Governments obviously must have an opportunity to respond to LILCO's request to have pending contentions dismissed, in addition to its discovery-related allegations.

1/

If LILCO's filing really were simply a response to the Governments' Objections, then the filing would be unauthorized.

See 10 CFR S 2.751a(d),

h O

8805040070 080427

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PDR ADOCK 05000322 PDR O

KIRKPATRICK & LOCKHART James P. Gleason, Chairman Dr. Jerry R.

Kline Mr. Frederick J.

Shon Atomic Safety and Licensing Board April 27, 1988 Page 2 Accordingly, the Governments will file a reply to LILCO's motion in the near future.

Sincerely yours, h

Lawrence Coe Lanpher cc:

All Counsel Docketing and Service Licensing Board Panel